Composition of water Board, Functions of Water Board, and Power of water Board Under Water (Prevention and control of Pollution) Act 1974.

1. Dr.Ashutosh kumar Srivastava
Assistant Professor
F.O.L, LC-2, D.U.
MSc.(Botany)
LL.M, UGC-NET
Ph.D, in Law
9079298265
S.P.C.B. FUNCTION,COMPOSITION AND
POWER

2. Composition Functions and powers of
State Pollution Control Board (SPCB)
Constitution or Composition of State Pollution Control
Board*.
• The SPCB comprises of following members
•A Chairman
•Not more than 5 Person from among the members of
local authorities functioning within the state.
•Not more than 3 members to represent the interest of
Agriculture, fishery, or industry, or trade or any other
interest ought to be represented.

3. Constitution or Composition of State
Pollution Control Board
• 2 person to represent the companies or corporations
owned , controlled or managed by state government.
• A full time member Secretary possessing qualification
, knowledge and experience, of scientific, engineering ,
or management. Aspect of pollution control.
•The state government nominate all the above members
, Members of Board other than Secretary shall hold
office for a period of three years from nominations
•A Member of board is also eligible for re nomination

4. Constitution or Composition of State
Pollution Control Board
In state of Manipur vs. Chandam Manihar Singh
(1999),7 SCC ,
Held that SPCB shall be filled by fresh nomination
and the person nominated to fill the vacancy shall
hold the office only for the remainder of term
Decision was for the Manipur state pollution control
board.

5. Functions of State Pollution
Control Board (SPCB)

6. Functions of State Pollution Control
Board (SPCB)#
Followings are list of functions to be performed by
SPCB.
• To plan a comprehensive programme for
prevention , control or abatement of pollution of
stream and well in the state.
•To advise the State govt. On matters relating to
prevention control or abatement of water pollution
•To collect or disseminate information relating to
prevention and control or abatement of water
pollution

7. Functions of State Pollution Control
Board (SPCB)
• To encourage , conduct and participate in
investigations and research relating to prevention
control of pollution.
• To collaborate with CPCB in organizing the
training of person engaged in programmes relating
to prevention , control or abatement of water
pollution .
•To inspect sewage or trade effluent , works and
plants for treatment of sewage.

8. Functions of State Pollution Control
Board (SPCB)
• To lay down, or modify or annul effluent standards
for the sewage and trade effluents and for the
quality of receiving water and to classify the waters
of the state
• To evolve economical and reliable method of
treatment of sewage and trade effluent
• To evolve methods of utilisation of sewage and
suitable trade effluents in agriculture

9. Functions of State Pollution Control Board
(SPCB)
• To evolve efficient methods of disposal of sewage
and trade effluents on land
• To lay down standard of treatment of sewage and
trade effluent to be discharge into in any particular
stream
• To make vary or revoke any order for the
prevention and control or abetment of discharge of
waste into streams or well
• To lay down effluent standard to be complied with
the person while discharging sewage

10. Functions of State Pollution Control
Board (SPCB)
•To establish or recognise laboratories to enable board to
perform all functions
•To advise the state government
•To perform such other function as may be prescribed by
the government.
In DK Joshi vs State of U. P. (1999) 9 SCC 578. the
supreme court directed the state to setup a monitoring
committee to observe the functioning of government
agencies responsible for prevention and control of water
pollution , the pollution control board.

11. Functions of State Pollution Control
Board (SPCB)
• In State of M.P. Vs. Kedia Leather & Liquor
Ltd. (2001) 9 SCC, The Supreme court condemned
the negligent attitude of SPCB in discharging its
statutory function without any direction from the
court , court also observed that if SPCB were not
discharging its function , than no purpose would be
served in maintaining such statutory boards,

12. Power of State Pollution Control
Board (SPCB)

13. Power of State Pollution Control Board
(SPCB)
Power of state pollution control board the state
pollution control board has the following powers
conferred on it by the water act
1. To obtain information (Sec 20)
2. Power to take samples of effluents for analysis
(Sec 21)
3. Power of entry and inspection (Sec 23)
4. Power to impose restriction on new outlets and
new Discharges (Sec 25)

14. Power of State Pollution Control Board
(SPCB)
5. Power to refuse or withdrawal consent for
establishment of any industry etc. (Sec 27)
6. Power to carry out certain works (Sec 30)
7. Power to carry out emergency operations in case
of pollution of stream or well (Sec 32)
8. Power to make application to courts for
restraining apprehended pollution of water in
streams or Wells (Sec 33)
9. Power to give directions (Sec 33 A)

15. Thank you